Motor Accident Claim
ABHINAV JAIN
(Querist) 16 October 2010
This query is : Resolved
If the terms of the cover-note issued by the insurance company vary slightly from the terms of the subsequently issued policy, which will be taken into consideration on account of an accident claim if a substantial question of fact arises whereby the said deviation shifts the liability from the insurance co. to the insured in case of default?
adv. rajeev ( rajoo )
(Expert) 17 October 2010
Policy will be considered. After issuing the policy cover note is of no value. Insurance policy stands valid.
Pankaj Rai
(Expert) 18 October 2010
Dear As per law cover note is valid for 15 days only . Policy is the legal document of insurance.
RAVI B SHAH
(Expert) 18 October 2010
Dear,
Cover-Note is a temporary documents whict is provided by the insurance company for the refrence of customer and when you received the Policy then it has no legal stand.
ABHINAV JAIN
(Querist) 18 October 2010
First of all I'd like to Thank You all for your replies.
The problem is that in the cover note it has been stated in one of the terms that - The driver must have a valid licence "or" must not be disqualified from driving.
However the policy contains the following term- The driver must have a driving licence "and" must not be disqualified from driving.
Now, if we interpret both the terms there is slight variance wherein by the covernotes terms the insurance co. would become liable as it states for the fulfillment of any one condition (either) however if the terms of the policy are considered the ins. co. gets exonerated from any liability, since both the conditions(and) are to be simultaneously considered.
